WPSS/1893/2019
2022 Latest Caselaw 973 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 29TH DAY OF MARCH, 2022
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (S/S) No. 1893 of 2019


BETWEEN:

Sri Vishwa Jeet Bharti.                        ..........Petitioner
     (By Mr. Jitendra Chaudhary, Advocate)

AND:
The State of Uttarakhand & others.            .....Respondents
     (By Mr. P.S. Bisht, Additional Chief Standing Counsel for
     the State of Uttarakhand/respondents)



                       JUDGMENT

Heard learned counsel for the parties.

2. Petitioner is serving as teacher in a Government Primary School at Islam Nagar-II, Khatima, District Udham Singh Nagar, since 2010. He, earlier filed Writ Petition (S/S) No. 3563 of 2018 seeking his transfer to some other school in Block Jaspur/Kashipur within the same District. The said writ petition was disposed of with a direction to District Education Officer, Elementary to consider petitioner's claim for transfer and pass appropriate order, as per law.

3. Petitioner made representation pursuant to the said order, which has been rejected by District Education Officer, vide order dated 08.07.2019, which is challenged in this writ petition.

4. The ground taken in the impugned order for rejecting petitioner's claim is that there is no vacant post in any primary school situate in a remote inaccessible area (Durgam).

5. Learned counsel appearing for the petitioner submits that the ground taken for rejecting petitioner's claim in the impugned order is incorrect, as sufficient number of posts were lying vacant at the relevant point of time also. However, this submission has been disputed by learned State Counsel appearing for the respondents.

6. Learned counsel appearing for the petitioner further submits that since petitioner has already served at an institution, which is situate in a Durgam place for more than ten years, therefore, he has now earned a right to be posted at a Sugam place. He further submits that order passed in 2019 rejecting petitioner's claim cannot come in the way of petitioner's transfer, now. He, therefore, submits that petitioner may be permitted to make a representation to the Competent Authority and the Competent Authority be directed to take decision thereupon, as per the provisions of Transfer Act, 2017.

7. The prayer made is innocuous, therefore, worth accepting.

8. Accordingly, writ petition is disposed of with liberty to petitioner to make representation to District Education Officer, Elementary, Udham Singh Nagar, regarding his transfer. If petitioner makes such representation within ten days from today, decision thereupon shall be taken, as early as possible, but not later than six weeks from the date of receipt of representation, along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin